The Legal Validity Of The Assignment Of Creditors' Rights

this article analyzes the following problems:(1)the constitution,and the principle of abstraction of assignment of rights;(2)constituents to make transfer of rights take effect,the rule of priority in multiple assignments;(3) the legal effect that notice of assignment has.Makes a simple introduction about the definition and validity of the assignment of creditor's rights which is considered as the core of the rule of the assignment of creditor's rights in preface.Chapter 1 analyzes the constitution of assignment of rights.Making use of the approach of combining logics with value methods and comparing the rule of the German law and the Japan civil law on the constitution of assignment of rights,this chapter then analyses the theory on real right act and clarifies the fault in the so-called generally recognized doctrine of"the assignment of rights has the nature of abstractness"as well as clearly points out that it is meaningless for ordinary assignment of rights in civil taw to adopt the principle of abstractness.chapter 2 makes a thoroughly comparative law research on the validity of the assignment of rights,in order to provide perfect academic resources and practical experience.chapter 3 puts forward some countermeasures on the validity of the assignment of rights, based on analyzing the present domestic legislation related with the assignment of rights and the foreign law,and make the legislative choices about the validity of the assignment of rights, and consequently argues to the contrary that the notice of assignment is the constituent to make transfer of rights take effect,However,in case of multiple assignment of rights,professional organizations should adopt the American legal mode of registration,while non-professional organizations should adopt the mode of notice.At the same time,it confirms the assignee can also notice the debtor based on protection of assignee's interest.